Living Wills in Illinois

Wednesday’s daily focus: estates, wills, trusts, and probate law

What is a living will?

In Illinois, a living will is a document that says (in non-legalese) you don’t want to be kept alive on life support if you have a terminal medical condition (like, for example, you’re in a coma with no hope of recovery).

Okay, here’s the legalese: a living will is a document which notifies your health care providers that you do not want any death-delaying procedures performed on you if you are deemed to have a terminal condition.

A little more legalese: a living will is an advance directive – a document you sign while you are healthy and of sound mind that tells your medical providers and/or your family and friends what health care and financial decisions you want to be made for you when you are no longer able to articulate your wishes for yourself. They are called “advance directives” because they are “directives” that you make in “advance” of the time you will need them.

So, the key points of a living will: (1) it applies only if you have a terminal condition, (2) it tells your doctors not to put you on life support or take any special measures to keep you alive if you’re terminal, and (3) it’s a written notice from you to your doctors. One other major point is that a living will is for a situation when you can’t speak – if you can speak, you can articulate your wishes; but, if you can’t, your living will speaks for you about your wishes.

Pros for living wills under Illinois law: if you can’t speak for yourself, and you know that you won’t want to be kept alive on life support or have extraordinary medical procedures to prolong your life, a living will prevents all of that.

Cons for living wills under Illinois law: in Illinois, a living will has a very narrow application. It applies in the following circumstances only: when your condition is terminal, and you cannot express your own wishes for yourself, your living will directs your doctor not to give you any death-delaying treatment.

A living will in Illinois is appropriate for: anyone who has a strong preference against being kept alive on life support or undergoing medical procedures just to delay your death if your condition is terminal. If you do not have a living will, and your condition is terminal, and you cannot otherwise express your own wishes for yourself, your health care decisions are made by your next of kin. They may or may not agree on what to do, and you may or may not end up on life support. By way of example, Terri Schiavo did not have a living will – obviously, her family did not agree on what kind of treatment she should receive, and the long and protracted legal battle was the result.

How a lawyer can help you: help you craft an advance directive saying what medical care you want to honor your values and personal choices.

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Closing Argument

“Nothing worthwhile ever happens quickly and easily. You achieve only as you are determined to achieve – and as you keep at it until you have achieved.” – Robert H. Lauer

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